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1984 Supreme(Ori) 91

G.B.PATTANAIK, P.C.MISRA
NARAN BEHERA – Appellant
Versus
MOHAN JETHI – Respondent


Advocates Appeared:
S.Mishra

G. B. PATNAIK, J.

( 1 ) PLAINTIFFS are appellants against the judgment and decree of the 4th Additional Subordinate Judge, Cuttack, in Title Suit No. 67 of 1970. Plaintiffs' suit is one for declaration of right title and possession in respect of lots Nos. 1 and 2 of Sch.-A properties and recovery of possession with respect to the house standing on plot No. 2098 included in Lot No. 2 of the Schedule. The total extent of the suit land is Ac. 0. 282.

( 2 ) ACCORDING to the plaint case, one Ananda had two sons - Naran and Alekha. Alekh's son is Ratha (plaintiff No. 2) and Alekh's widow is Saria (defendant No. 6 ). Naran is plaintiff No. 1 and his son Srikanta is plaintiff No. 3. Naran's first wife is Haramani (defendant No. 5 ). The further case of the plaintiffs is that after death of Alekh Naran married Alekh's widow Saria Haramani's father is defendant No. 1 and defendants 2 and 3 are sons and defendant No. 4 is the wife of defendant No. 1. Admittedly, Sch. A properties belong to defendant No. 1 who had mortgaged Ac. 1. 021 of land to Anand on 7-3-1933 under the mortgage deed (Ext. 2 ). Thereafter, defendant No. 1 in order to pay the mortgage dues sold Ac. 0. 808 of land out of th


















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